Hansard: Appropriation Bill : Debate on Vote No 20 - Correctional Services
House: National Assembly
Date of Meeting: 24 Mar 2010
Summary
No summary available.
Minutes
UNREVISED HANSARD
EPC – OLD ASSEMBLY CHAMBER
Thursday, 25 March 2010 Take: 25
THURSDAY, 25 MARCH 2010
PROCEEDINGS OF EXTENDED PUBLIC COMMITTEE – CHAMBER OF THE OLD ASSEMBLY
_______
Members of the Extended Public Committee met in the Old Assembly Chamber at 14:02.
House Chairperson Mr K O Bapela, as Chairperson, took the Chair and requested members to observe a moment of silence for prayers or meditation.
APPROPRIATION BILL
Debate on Vote No 20 - Correctional Services:
The HOUSE CHAIRPERSON (Mr K O Bapela): Before I invite the Minister to take the podium, I would like to remind hon members that a watch will rotating as you speak; it will be put next to you and will time you according to the time allocated to you. The only time that the Presiding Officer interferes is when your time has expired. We will not interrupt except at that particular point, but the watch will be ticking next to you. We invite the Minister of Correctional Services.
The MINISTER OF CORRECTIONAL SERVICES: Chairperson, Deputy Minister of Correctional Services, members of the Portfolio Committee on Correctional Services and all hon members present here, Acting National Commissioner of Corrections and senior management of the Department of Correctional Services, distinguished guests, comrades and friends, it is nine months since the Deputy Minister and I presented our first budget to this House.
Last year we committed ourselves, to you, that a great proportion of our work during this term would be focused on the need to accelerate and enhance the transformation of the Department of Correctional Services into an effective and integral component of the rejuvenated criminal justice system of the country. This trajectory for the transformation and integration of the department as a component of the criminal justice system is informed by our assertion that the system of corrections in our country should not only be at the receiving end of the fight against crime, but should be a value-chain stage in the task of ensuring that our people are and feel safe, in line with the objectives of the Justice, Crime Prevention and Security cluster.
We therefore remain focused on the commitment made by the ANC during the Congress of the People in 1955 that "all people shall be equal before the law", and further commit ourselves to ensuring that "imprisonment shall be only for serious crimes committed against the people, and shall aim at re-education, and not vengeance".
This has been the basis on which the 2005 White Paper on Corrections was developed.
We believe therefore that a focused and deliberate transformation of the correctional system, both in its systemic and organisational foundations, should ensure that emphasis is placed on rehabilitation and successful reintegration of offenders, as opposed to merely providing security incubation during the period of incarceration.
The premise of our policy emphasis as the ANC government is based on our understanding that offending behaviour in our society, including crime, is a reflection of deep-seated social problems sourced from our socioeconomic and political realities, and therein should lie our solutions. This reality is evident in the fact that the majority of our offender population currently is young people, including children as young as 14 years old.
Having continued with more visits to our correctional facilities since our last budget debate, I am more convinced of the correctness of our policy basis. All our success stories in correcting offending behaviour point to strong participation of offenders in rehabilitation and developmental programmes, including skills development, mentoring and counselling. Of course, there is still room for improvement.
Chairperson, we present this budget as our first step towards a greater emphasis on programmes aimed at correcting offending behaviour, and ensuring that the majority of our offenders are readied for reintegration through the active involvement of victims and communities. This is not new thinking, nor is it a paradigm shift, as it is already espoused in the spirit and letter of the White Paper on Corrections, but henceforth it is going to be our emphasis and basis for policy, planning and operational objectives.
I remain acutely aware and concerned that currently close to 69% of our R15,1 billion budget is spent on compensation of employees. While our intention is that this balance needs to be reviewed in favour of our commitment to the White Paper, we need to understand that Correctional Services is a people-driven business.
What is required is for us to conduct an analysis of our human resource capacity with a view to determining whether there is optimum utilisation of resources. Part of the work in this regard has started with the migration of noncentre-based staff to the centres as part of the occupation-specific dispensation processes.
If we are to succeed, the department will require a massive investment in developing and implementing the case management cycle and sentence plans for offenders at our centres. This cycle should include the necessary integration of corrections, development and care on the one hand, as well as community corrections and reintegration on the other.
Later during this introductory address I will outline the main pillars of our intervention plan for the budget programme management of the department, as well as our overall road map towards the realisation of the objectives of the White Paper. But first, allow me, hon members, to highlight progress regarding some of the key pronouncements and undertakings that we made during the presentation of the Budget Vote last year.
We gave an undertaking that we would develop a framework that clearly defined the role that the offenders' labour force can play in the development of communities. This work will help to enhance their skills and social consciousness as well. Work has already begun in this regard.
With regard to the attraction of scarce skills, despite the current budget constraints - particularly with regard to expenditure on the compensation of employees - the department has identified various categories of critical vacancies to be filled during this financial year.
On the issue of the development of a medical parole policy which we had undertaken to do, as per my direction, the policy on medical parole has now been developed and submitted to us by the National Council for Correctional Services. Although it has been our intention to start implementing the policy by the beginning of the new financial year, it has however become clear that before this can be done, changes will have to be made to the Correctional Services Act. We will be coming to you, hon members, for that amendment.
On the issue of overcrowding, as indicated last year, it is our view that the problem of overcrowding will not only be dealt with through the commissioning of new facilities. While this can be part of the interventions, the real solution lies in the success of our rehabilitation programmes, the managed release and reintegration of offenders, as well as the integration of processes within the criminal justice system.
As part of our response to overcrowding, I am happy to inform the House that we have appointed a ministerial task team of independent members to conduct an audit of various categories of inmates with a view to determining the status of those inmates regarding their appearance before parole boards, the reclassification of their sentences, the application of the bail protocol, and the conversion of custodial sentences into correctional supervision – the ministerial task team is here in the gallery. Just wave your hands, please, so that people can see you.
The task team will also audit various categories and status of vulnerable inmates, including the elderly, inmates with psychiatric problems, children and women. With this data at our disposal, it should be possible for us to implement provisions of the law in terms of the release of those inmates who remain in our facilities on minor crimes with bail amounts of less than R1000, and those who are first-time offenders serving sentences of less than 24 months. We will also be able to deal with the cases of those who, in terms of the 1959 Act, have served the requisite period of their sentence allowing for their reclassification, but are yet to appear before the parole boards for the consideration of their individual cases.
As per the decision of the Justice, Crime Prevention and Security cluster, the department will establish a remand detention branch this year to create capacity for the management of all matters relating to awaiting-trial detainees. We have appointed an interdepartmental task team to investigate the modus operandi and to propose a structure for the new branch for our approval.
In the meantime, a video remand court system has been established, which means that awaiting-trail detainees who have their cases remanded do not necessarily have to appear physically in court, but can be linked to the court via this video facility. This will help us to manage both our human and financial resources better.
The Kimberley correctional facility has now been commissioned and handed over to us by the Department of Public Works. The centre will be operated fully by the Department of Correctional Services, and will provide an additional 3 000 bed capacity. We have, however, staggered the transfer of inmates to the facility in order to manage its gradual ramp-up to full capacity.
With regard to the issue of the optimum utilisation of facilities,
we have identified that there are small centres with an inappropriately high inmate-staff ratio. We have tasked an audit of these facilities in order to develop a plan for the possible rationalisation of such facilities to ensure optimum deployment of both financial and human resources. We have also commissioned the Council for Scientific and Industrial Research to conduct a determination that will help us to set the optimum sizes for our facilities. We need to have a standardised determination of what the biggest and smallest sizes of a centre should be in order for it to function at optimum capacity and efficiency.
On the matter of additional facilities procured through public-private partnerships, I indicated last year my concerns around public-private partnership facilities, and I can report here today that we have decided to proceed with the procurement of four new facilities through the public-private partnership model. It is important that, whatever we do in this regard, the core mandate of the state to manage the system of corrections should be safeguarded. We will be engaging with all parties involved in the current process to take this matter forward.
I have also been concerned that, in the conceptualisation of these facilities, no provision was made to have a dedicated facility suitable for women, or one with the necessary capacity to provide education facilities to juveniles. It is also our intention that a facility that caters for inmates with needs for psychiatric care should be considered and operated in conjunction with the Department of Health – we have many psychiatric cases in our facilities and these are people who are vulnerable to anything.
Chairperson, we are not happy that escapes continue to happen at our facilities, particularly as it is clear that most of these are as a result of either negligence or collusion on the part of our officials. In the wake of the recent escapes from the Durban Westville Correctional Facility, I have set up an interdepartmental team comprising of the Department of Correctional Services, the police and the National Intelligence Agency to investigate the incident. I have also instructed the department to investigate the problems relating to our surveillance systems with the aim of improving the capacity of our control rooms.
During the next financial year, we will put in place measures to strengthen the security at all our centres. This will include the establishment of proper structures and the chain of command for the emergency security teams, and the enhancement of our fight against corruption. We are particularly keen to see the development of adequate capacity for vetting within the department during this Medium-Term Expenditure Framework period.
Regarding the implementation of the Seven-Day Establishment, as I promised during the last budget debate, the Seven-Day Establishment is now fully operational at all our centres. We have however experienced some teething and capacity-related problems with regard to the work shift system that is being implemented together with the Seven-Day Establishment, particularly at centres that are understaffed. We intend to continue with the Seven-Day Establishment, and monitor the level of cost-saving benefits due to the reduction of overtime payments. We will however allow for flexibility for centres to implement the most suitable shift in order to ensure that there is always adequate capacity for security and service at all our centres.
As part of the compliance improvement plan the department is finalising an electronic monitoring tool to be used to monitor compliance with the Correctional Services Act and the White Paper.
We will continue with the process to realign and redefine our business, support and delivery models in order to improve our budget programme management, planning and monitoring of operational plans and to ensure performance compliance.
We are currently in the process of appointing a chief financial officer for the department, and one of the key priorities of the new incumbent will be to review of our budget programme structure. This work will also include the reprioritisation that is required in favour of funding our core business, while helping us to avoid wastage and identify immediate opportunities for savings.
Chairperson, we are presenting to you a total budget of R15,1 billion for the first year of the MTEF, further growing at an annual rate of 9,7% over the next three years to R18,2 billion. The budget allocation includes allocation to cover further implementation of the occupation-specific dispensation, an increase in the bed capacity of some of the existing centres, and expenditure relating to the procurement of the additional four public-private partnership correctional centres. Additional funds are also allocated over the MTEF for the Department of Correctional Services vetting field unit and the installation of biometric access and x-ray equipment to 16 facilities.
The implementation of the occupation-specific dispensation, as required by the Public Service Co-ordinating Bargaining Council, resulted in a budget shortfall for the 2009-2010 and 2010-11 financial years. In spite of all this, I want to clarify that the department is not planning to budget for a deficit, as this is not permissible in terms of the Public Finance Management Act. We are however going to face financial constraints relating to our current commitments that include compensation to employees, clothing and feeding of inmates, care for livestock, and our current contractual obligations.
I must emphasise that the department will manage the budget constraints within the provisions of the Public Finance Management Act, as we did with the budget pressure on the compensation of employees' budget for 2009-10.
We will do this through a monthly process where the budget committee will identify savings and reprioritise the allocations to alleviate the budget pressure. Focused attention on cost-saving measures has been put in place in the past year, and this approach will be sustained and expanded for the year 2010-11.
It is our intention to conduct a review of all our contracts; introduce service level agreements where they do not exist; and strengthen our contract management capacity to ensure deliverables against set objectives, while saving costs.
In the recent past, hon members, I have received several enquiries about the work that we have been doing with regard to the report of the Special Investigating Unit. I thought the Budget Vote would be an opportunity once more to clarify this matter, and I hope that I will be putting this matter to rest.
An investigation report into allegations of irregularities in the procurement of certain services by the department was received from the SIU on 8 September 2009. The SIU intervention in this investigation was authorised through a presidential proclamation.
As a result of the findings of the SIU the following steps were taken. Firstly, a disciplinary enquiry has commenced against an official implicated in the report. Secondly, internal steps have been taken to address certain systemic problems identified by the SIU report in the procurement processes of the department - some of which were, in fact, addressed parallel to the investigation. Lastly, the report has been handed over to the National Prosecuting Authority, in accordance with the Special Investigating Unit Act, for further investigation into matters which may result in the institution of criminal charges.
The NPA has since referred the report to the Serious Commercial Crimes Unit of the police for a thorough investigation of all the matters raised in the report. It is important that we understand that the police should be given the opportunity and space to deal with this matter and determine the process going forward.
Questions have also been raised as to why we have not signed a new contract with the SIU. From where I stand, I need to have a clear understanding of the scope and specific issues for such a new contract, in order to avoid entering into an open-ended agreement for engagement.
Previous experience has shown us that an open-ended contract with the SIU, without a clear determination of scope and time frames, will result in serious financial implications for the department. The previous engagement, which was supposed to have been for a year, ended up extending to four years, and costing the department a total amount of R36 million. I am sure you will agree with me that, given our current financial situation, it will be necessary that we consider such financial implications.
In the same breath, hon members, let me also take this opportunity to clarify questions that have been raised with regard to the position of the National Commissioner within the department. We have taken a decision to redetermine the contract of the former National Commissioner in line with, and as provided for by, law. The contract was due to expire in August 2010 and was redetermined to end at an earlier date – it is preferable that we start the new financial year with a commissioner. The former National Commissioner was accordingly informed of this, and later paid out the remainder of her contract in full. A vacancy therefore exists in the department and we have since advertised the position with the intension to fill the vacancy.
We will move with speed during the next financial year to finalise our work aimed at strengthening the system of parole. We are determined that the system of parole should serve to enhance the process of rehabilitation and deal with cases of recidivism. We also intend to revitalise our participation in community safety forums to ensure community participation and facilitate victim involvement in the process of parole. We shall now be appointing parole boards for a new five-year term starting on 1 July 2010.
Hon members, we welcome the coming into effect of the Child Justice Act, and that children under the age of eight will no longer be incarcerated under our system. It is still my strong resolve, however, that no child who should be of school-going age should remain in our juvenile centres without engaging in some form of learning and teaching. Again, this is in line with our commitment from the Freedom Charter that education shall be free, compulsory, universal and equal.
In addition to this, I have also requested that the department develop a framework for the implementation of programmes that will ensure that there is no offender who does not participate in developmental programmes. This may include work, schooling, and vocational training as per the needs and categories of offenders.
It has been a very painful realisation and eye-opener for me, as we have been processing the possible release of certain inmates serving life sentences, that some of the people we were considering for early release have never gained any skills or education during their long periods of incarceration. Without exception, all these inmates were sentenced in their teens, and are being released at the ages of between 39 and 42 without ever having benefited from the educational and developmental programmes offered at our facilities. It is for this reason that, when they are released, the majority of them are not employable and therefore return to a life of crime.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Minister, your time has expired, unless you take your last minutes at the end. Your party could then save minutes for you maybe later.
The MINISTER OF CORRECTIONAL SERVICES: Thank you, Chair, because I'm left with a minute and a half.
It will also be important to investigate how, in the medium and long term, we can start to deploy revenue generated from our production work back into direct funding for development programmes.
I would like to thank the Deputy Minister for the support she has given me and her availability to share the work we are appointed to do.
Our gratitude also goes to the chairperson and members of the portfolio committee for their support and oversight work. I take this opportunity once again to thank Judge Desai and the members of the previous National Council on Correctional Services, who have done a sterling job in providing support and advice to the Ministry of Correctional Services. We also wish the new members, chairpersons and co-chairpersons of the NCCS, who are here with us in the gallery - will you please wave - well in the execution of their work.
It is important, if we are to succeed, that we harness the energy and skills of all staff within the department. I therefore also want to take this opportunity to thank our officials who continue to work under very strenuous and dangerous conditions. From all our members we continue to expect vigilance, discipline and professionalism. I particularly want to thank Ms Jenny Schreiner, who has been at the helm of our department, for steering the ship while we await the appointment of a permanent National Commissioner. I will be the first one to concede that some of the challenges that we have to deal with are indeed serious, but I believe none are insurmountable.
The President has declared this year the year of action! We agree, and declare ourselves ready!
Last but not least, it is proper that I thank my staff in the Ministry for the support they have given me – they left the office at half past two this morning! I also thank my boys – I have four boys, you know – for the support that they continue to give me. Thank you very much. [Applause.]
Afrikaans:
Mnr P J GROENEWALD: Agb Voorsitter, op 'n punt van orde: Ek sien hier is nie Afrikaanse vertaaldienste nie. Daar was gister ook nie in hierdie Raadsaal nie. Ek het dit toegeskryf aan 'n tegniese probleem, maar dit lyk vir my dit is nou die gebruik. Ek wil graag verneem hoekom daar nie Afrikaanse vertaaldienste in hierdie Raadsaal is nie, asseblief.
English:
The HOUSE CHAIRPERSON (Mr K O Bapela): I will just check with the technicians, and when they let me know, I will let you know. Can you please check?
END OF TAKE
Mr V G SMITH
The MINISTER OF CORRECTIONAL SERVICES
Mr V G SMITH: Chairperson, Minister, Deputy Minister, fellow South Africans, hon members and comrades, our Constitution, the White Paper on Corrections and the Act that governs corrections affirm the need for, amongst other things, the human rights and human dignity of inmates, and also affirm the need to focus on the rehabilitation of those that find themselves incarcerated for having been found guilty of breaking the laws of the land. We agree with this approach.
At the same time, all law-abiding citizens, and especially those that have become victims of crime and criminality, expect justice, which many a time demands that inmates feel the pain of being incarcerated, as opposed to the perception of prison being a holiday. Again, we agree that time spent in incarceration must never be about inmates being idle and just lazing around 24 hours a day, every day of their term of incarceration. Inmates must contribute, through their labour and personal development, towards the running costs and decent upkeep of the prison facilities. At the same time, incarceration must afford offenders an opportunity to become better persons on their release.
It is common knowledge that many that were arrested and sentenced to time during the darkest days of apartheid, including on Robben Island, emerged as some of the most outstanding citizens that this country and the world have known. It is also very common to find a young person from Westbury or Eldorado Park arrested and sentenced for fairly minor crimes, such shoplifting, and emerging from prison as a hardened criminal. Time spent in the university of prison can be very instrumental in winning the fight against crime and corruption.
I accept that there will be some amongst us who will argue strongly that the practice of insisting on inmates earning their keep could be construed as slavery or exploitation. I hold a contrary view. My humble view is that inmates being employed within the facility will contribute towards their rehabilitation, self-worth, dignity and skills development, all characteristics so vital for their eventual successful reintegration into society.
From this reality, Minister, it is very clear that the task of balancing these two seemingly contradictory positions on prison labour becomes extremely difficult to achieve. The debate about the utilisation of prison labour is an important debate that all South Africans must be engaged in. The successful rehabilitation of our ever-increasing prison population cannot be the responsibility only of the department and the Ministry. It is a societal responsibility that calls on all of us, including the victims of crime, to play a role.
At this point let us reaffirm our support for the ideals of the policy direction of government. For us in the ANC, the debate must be whether the department, in its current form and focus, is best positioned to implement government policy effectively and efficiently. Let us also acknowledge that the department has experienced many challenges in recent years. Some of these challenges have been self-made and others are the result of developments outside the control of the department. Let us also acknowledge that much is being done currently by the department to overcome these challenges. However, a great deal more needs to, and can, be achieved.
Chairperson, current estimates are that the state spends anything between R190 and R240 per day per inmate - this compared to the state spending less than R70 per day on the aged for pension grants. This disparity in state spending between that spent on our elders, who have contributed most of their lives towards building a better South Africa, and those who find themselves in conflict with the law, demands of all of us to ensure that resources allocated to the department are well managed. It is from this background that we must answer the question whether, as a country, maximum benefit is derived from the R15,1 billion budget allocated to the Department of Correctional Services for the 2010-11 financial year.
A holistic analysis of the budget indicates that, of the R15,1 billion, the cost of compensation for employees stands at R10,5 billion. That is a staggering 69,5% of the budget. Capital costs stand at R1,1 billion, or 7,3% of the budget. In real terms, 76,8% of the department's budget is allocated to employee costs and capital projects, leaving only 23% for operational costs. Some of us believe that the employee cost versus the operations cost ratio should be managed downwards from the current 77:23 towards 60:40 in the short to medium term.
Chairperson, put slightly differently, for every R1 that the department spends, only 23 cents is used for direct programme-based work to prepare inmates for a successful reintegration into society on release from their term of prison. We are concerned about this situation, more so because, on examination of the Medium-Term Expenditure Framework, the situation in 2010-12 is that for every R1 that the department spends, only 21 cents will be allocated to programme-based work, with 64 cents going to employee compensation and 15 cents to assets.
Minister, we welcome your undertaking that the department will not budget for a deficit, as they presented to the portfolio committee. We will closely monitor that.
Within the Department of Correctional Services, the programmes aimed at contributing directly to government's priorities are corrections, care, development and social reintegration. It is therefore very disturbing that, combined, these four programmes are only allocated 27% of the total budget. Equally disturbing is the fact that if one examines the proposed MTEF figures until 2012-13, the average increase for each of these four programmes is only 11%. If inflationary increases are taken into account, the estimated real increase for service provision within these four programmes stands at between 5% and 6%, year on year for the next three years.
The current year's budget shows that of the R4,2 billion allocated to these four programmes that I've spoken about, R3,3 billion – that is 79% – is for employee compensation, leaving only R900 million, 21%, for inmate education, inmate technical skills development and inmate life skills development. This scenario, if left unchanged, cannot and will not result in those emerging from these centres of incarceration having been rehabilitated and ready to re-enter society as individuals who can contribute positively towards the creation of a better South Africa and a better world.
We are arguing here that because ex-inmates on release possess very little technical and life skills, survival outside of the prison environment is very difficult, and many tend to reoffend because in their view life is easier in prison. This is counterproductive to the fight against crime and corruption.
So what is it that the department must do differently? It is our submission that a great part of the solution, and an immediate intervention, must be to explore ways of redirecting funds from employee compensation to inmate-specific programmes.
The second suggestion we offer as a part solution to the question posed earlier, namely what must be done differently by the department, is perhaps for the department to review its human resource deployment, so that if and when policy and programmes are developed at head office level, there are sufficient warm bodies at prison centre level that understand these policies and that have the capacity to implement these policies. We recommend that the head office staff complement and staff that are officebound elsewhere within the department be rationalised in order to relocate these posts to areas where the actual implementation of programmes, in other words, the coalface of service delivery, needs to take place.
Chairperson, the final programme in the department is facilities. The estimates of national expenditure indicate that the department plans to upgrade facilities by increasing the total bed space by approximately 5 451 beds. Further analysis shows that here in the Western Cape, in Ceres, the average cost per bed space is R269 000; in Matatiele, the average cost per bed space is R792 000; and in Mapumulo, the average cost per bed space is R2,3 million. Minister, the new-age facility that has just been completed in Kimberley has an average cost per bed space of R328 000. Why the huge disparities? Are these transactions deriving the best value for money that can be achieved by the department, or is it not opportune to look at alternate methods of dealing with the challenge of overcrowding?
We also believe that the finalisation - and you alluded to it - of the processes under way in the building of the four new facilities will go a long way in enhancing the department's ability to provide better services. We urge that this process be expedited.
Minister, we welcome your initiative to set up a special task team to audit the staff complement and their functions. We believe that this exercise will assist in the better utilisation of personnel within the department and, more importantly, will ensure that there are no ghost workers on the department's payroll. It might be an idea for this task team to recommend strategies that will address the consequences of the new two-shift system that has been implemented. There has been a concern raised by organised labour within the department that the new system has resulted in staff being overstretched, to the point where it is hazardous for the staff to perform certain functions because of the inmate-staff ratio at certain times.
Minister, ordinarily this work that you've given the task team is the task of management. We therefore urge you to ensure that the costs of this exercise, as well as the time frames, are closely monitored. As a committee on correctional services specifically, and as Parliament generally, there are concerns about the usage of consultants by departments that costs millions of rands for tasks that should be undertaken by the department.
We trust that the points raised will contribute in a small way towards assisting the department better to perform its responsibilities. Let us state categorically that the portfolio committee has a constitutional obligation to exercise oversight over the department. However, we also stand ready, Minister, to assist the department and you yourself in any way possible in ensuring that, together, we all contribute to the building of a better society and a better life for all. The ANC will support the 2010-11 budget. [Applause.]
Afrikaans:
TYDELIKE VOORSITTER (Mnr T S Farisani): Agb Groenewald, wat die vertaling na Afrikaans betref, het ons ongelukkig 'n tekort aan fasiliteite. Daar is 'n groot verskil tussen hierdie ou gebou en die nuwe gebou. As lede Engels praat, dan vertaal ons nie, maar lede Zulu, Venda of Tsonga praat, dan gebruik ons die fasiliteite om te vertaal. Ons sal 'n langtermyn-oplossing moet kry. Baie dankie vir die moeite. Al die tale is baie belangrik in ons land.
Mnr P J GROENEWALD: Dankie Voorsitter, maar u is verkeerd. Daar word net na Engels vertaal in hierdie stadium. Ons moet mooi daarna kyk. Dit is 'n saak wat dringend aandag moet kry vir die toekoms. Om voort te gaan met hierdie saak deur net te sê, "Jammer, die fasiliteite is nie beskikbaar nie", is ook nie aanvaarbaar nie. Kom ons gee aandag daaraan en dan moet ons ook sorg dat daar begrotings is daarvoor.
TYDELIKE VOORSITTER (Mnr T S Farisani): Ons stem saam. Dankie.
English:
There is a shortage of translation facilities in this old building, compared to the new building where there are enough facilities. Thank you very much.
END OF TAKE
Mr J SELFE
Mr V G SMITH
Mr J SELFE: Chairperson, hon Minister, Deputy Minister and colleagues, I would like to start by paying tribute to the many thousands of dedicated men and women who staff the department. Theirs is not a very glamorous job. It is frequently dangerous and does not pay very well, yet it is one of those jobs that have to be done. Most do it professionally and with dedication. These people strive against huge odds to make a difference, to rehabilitate offenders and to minimise the reoffending rate. To these people we say: Thank you for what you do to reduce crime in South Africa.
There are, however, other officials who do not maintain these standards, who are corrupt, who are in league with the gangsters and who abuse their position of power. These officials take bribes and smuggle drugs into the prisons, they allow the gangs to conduct their illegal activities in prisons, they abuse sick leave and sleep on duty. We cannot express strongly enough our disgust at the conduct of these officials.
I say this because the Department of Correctional Services plays an absolutely central role in the fight against crime. If the men and women who staff that department fail to correct offending behaviour and fail to rehabilitate offenders, we will simply release back into society, people who have become more criminalised as a result of their imprisonment. They will be graduates, if you like – as the chairperson said – of the university of real crime. In these circumstances, crime will simply get more widespread and more violent.
So the question is: Is the department helping to win the war against crime? Or are our prisons merely, and I quote the title of a book, "An Expensive Way to Make Bad People Worse"? In 2005, as the Minister mentioned, the Cabinet approved the White Paper on Corrections. This was, and still is, a very far-sighted document. It properly places rehabilitation and reintegration at the centre of the business of corrections, and boldly moves away from the idea that imprisonment consists of simply warehousing attendees, and releasing them back into society so that they can offend again.
The White Paper demanded of the department that it changes its attitudes, reorientates its activities and reprioritises its expenditure. But has the White Paper actually been implemented, five years since its acceptance? In theory, yes. Every presentation we get from the department pays lip service to the White Paper, but in practice, very few of its central principles have been implemented.
For example, central to the White Paper is a tailor-made sentence plan for every offender. That makes a lot of sense. The reality is, however, that this applies only to sentenced offenders serving two years or more. There are no offender rehabilitation plans for offenders with sentences of less than two years, which includes the majority of young, first-time and nonviolent offenders. This, counter-intuitively, means that the people with the best chance of rehabilitation are effectively denied that chance.
But worse, only 8 400, or 8,3%, of the 101 370 offenders serving sentences of more than two years have sentence plans at all.
Moreover, only some 2 700 offenders are in literacy programmes, and the department admits – the Minister referred to it earlier, commendably – that it does not have the human resources or infrastructure to support the requirements of full-time tuition. This is actually written in code. What it means is that most young offenders are not getting educated.
The department also proudly announces that 116 115 offenders participated in social work sessions. But what does this actually mean? Does it mean once a year, once a month, once a week, or a couple of times just before release? And despite section 40 of the Act, which obliges offenders to work, only a handful of offenders are in productive employment.
The best illustration of the lot, of how little things have fundamentally changed, is in the percentage of the budget that is allocated to the various programmes within this Vote. In the 2005-06 financial year when the White Paper was approved, security and corrections – that is, the warehousing part of the budget - consumed 43,45% of the budget. This year, they consume 44,46% of the budget. In other words, it has gone slightly up. In 2005-06 development and reintegration, which is the rehabilitative part of the budget, got 8,02% of the budget. This year the programmes get 7,28% of the budget. In other words, it has gone slightly down. So despite the fact that the White Paper calls for a radical reorientation, placing rehabilitation at the centre of all the activities, the department carries on with business as usual and regardless.
Not properly resourcing development means that offenders emerge from sentences without the skills to look after themselves. The Minister correctly referred to that. Small wonder, then, that so many of them reoffend because they don't have the skills to look after themselves. Not properly resourcing reintegration means that too few offenders are released on parole, and that the judiciary has too little faith in alternative noncustodial sentences, which should really form the basis of the resolution of the problem of overcrowding. The result is that prisons become overcrowded with offenders serving relatively short sentences, who then become serious criminals as a result of their stay in prison.
If the Department of Correctional Services wants to make a difference in the fight against crime, it needs to make a huge shift in emphasis. We have made this point before, in the committee and year after year in these debates. The committee has consensus on this. But it seems that the department is not listening.
Instead, the department builds a facility in Kimberley that was completed 18 months late and which virtually doubled in price, a facility that commissioned contractors who, by all accounts, were paid for services they did not render. It is a department that, for more than five years, has been incapable of making up its mind as to whether or not to proceed with the construction of more public-private partnership prisons. I am delighted that the Minister today has announced that it is going ahead. If she had not made that announcement, it would have done huge damage to the government's reputation as a reliable institution with which to do business.
It is a department that since 2001 has had eight successive qualified audits. It is a department that installs hugely expensive security turnstiles and automated doors that have to be overridden because they no longer work. This same department awarded a catering contract to a company that was investigated by the Special Investigating Unit and was found to have irregularly influenced tender specifications. Yet the department awarded this very same company multimillion rand contracts, as recently as last year. It is a department that spent almost R2 million on unnecessary adverts while it couldn't find the money to pay social workers properly. It is a department where many managers – the chairperson referred to it – seem incapable of managing, where senior officials have been caught up in travel and housing scandals, where too many employees are corrupt and where too many employees abscond from work without consequences. It is a department that has had three National Commissioners in as many years and has more acting personnel than an average dramatic production. Under these circumstances, should we be supporting this Budget Vote? I don't think so. [Applause.]
END OF TAKE
Ms B C BLAAI
Mr J SELFE
Ms B C BLAAI: Chairperson, hon Minister, at just over R15 billion to run, the Department of Correctional Services does not come cheap. Therefore it is important that proper attention be focused on the departmental exercise designed to effect cost savings.
An area of considerable concern is in relation to computer procurement. Correctional Services is part of the Justice, Crime Prevention and Security cluster. Logically, it should be easy for data and communication to be safely shared among the cluster members. Is this happening?
Secondly, all departments spend a considerable portion of their budgets each year on computer procurement. Separate tenders mean different systems and require consultants and experts to set them up. Surely, hon Minister, government as a whole can tender collectively for computers and communication systems. Why is this not happening? Why are systems not being standardised?
If Correctional Services had to join with other departments to collectively procure new maintenance programmes, government would achieve an economy of scale. This would allow for a substantial reduction in costs. Is this going to be done, Chairperson?
Cope supports the fight against crime and corruption as one of the five strategic priorities of the department. For Parliament to monitor whether this priority is being achieved, detailed targets need to be set. Progress reports need to be furnished. It is one thing to set the fight against crime and corruption as a priority, and another to achieve that goal.
In order for this House to be able to make a proper assessment of the department, the portfolio committee needs to know the results of the independent investigation into the abuse of inmates by warders; inappropriate relationships between inmates and warders; the smuggling of drugs into cells; the exchange of gifts, favours and money to warders on duty; and misconduct by warders on duty and off duty.
Detention of offenders is a big expense for the state. Inmates must therefore be properly rehabilitated. They must not return to prison. It is also important for them to help society and warn young people about their mistakes.
The development of remand centres is long overdue. We in Cope strongly believe that these remand centres should be as close to courts as possible. This will improve security and help cases to flow easily through the court system.
Chairperson, hon Minister, we in Cope wish to reserve our judgment on the seven-day establishment. We shall wait for statistics to evaluate its success. We trust that the department will keep us posted on the progress.
It was unfortunate that there were procurement problems at the State Information Technology Agency. This prevented the purchase of tracking devices for the 12 targeted facilities. We hope that this has been fully resolved and that the necessary procurements have been made.
Cope believes that it is important to implement alternate strategies to imprisonment. We require progress reports on the agreements with the Department of Justice and other protection services.
Hon Minister, Cope in principle supports the idea of the comprehensive offender skills development plan, as it is recommended for the 12 centres of excellence. We would like to get progress reports.
Two thirds of the budget gets used for the payment of employees. This leaves little for the rehabilitation of inmates. Cope also notes that only 30% of inmates are involved in skills development. This is a bad picture. If inmates do not have skills they will revert to crime and return to prison. Correctional Services will therefore become a revolving door.
Cope will support this Vote on condition that we get these progress reports. Thank you. [Applause.]
END OF TAKE
Mr V B NDLOVU
Ms B C BLAAI
IsiZulu:
Mnu V B NDLOVU: Sihlalo, kambe uthe singazikhulumi izilimi zethu, uthe masikhulume isiNgisi?
English:
Chairperson, Minister, Deputy Minister and hon members, the Department of Correctional Services has the primary responsibility of incarcerating criminal offenders, and the secondary, and in some sense greater, responsibility of rehabilitating those offenders so that at some future point they can go back to society as responsible and law-abiding citizens.
In order to accomplish these tasks successfully, the department requires strategic leadership and a goal-oriented approach to its various programmes and objectives. In essence, it requires a very competent leader with a no-nonsense and somewhat "business unusual" approach, able to deal successfully with the department's mandate.
The Minister is in a presidentially ordained position of ensuring an organised, efficient and competent department. We hope that the Minister will do it.
We know that in the past there have been instances of unauthorised expenditure and noncompliance with legislation … [Interjections.]
IsiZulu:
Wadlula phambi kwami ngikhuluma! [Uhleko.]
English:
We know that in the past there have been instances of unauthorised expenditure and noncompliance with legislation caused by insufficient monitoring and guidance by the senior management from within the department. We trust that the Minister will not run the department in the casual manner of her predecessor, Mr Balfour, and that problems like these will be a thing of the past. [Interjections.]
TEMPORARY CHAIRPERSON (Mr T S Farisani): Order! Hon members, the kind of whispering that reaches me from where I am sitting, disqualifies itself as whispering.
Mr V B NDLOVU: Thank you, Chairperson.
The IFP is extremely concerned about the corporate culture that seems to be developing amongst the staff of the department, and which includes absenteeism, alcoholism – ukudakwa emsebenzini - fraud and corruption. These are serious issues which can have a profound knock-on effect in terms of how the prisons are run and the overall safety of inmates, prison staff and the general public. We accordingly urge the Minister to pay careful attention to, and immediately put in place measures to address, these disturbing trends.
Another concern of the IFP is that we note from the budget that insufficient resources are being deployed in the developmental and social reintegration projects. In fact, 16% of the budget is allocated to these programmes. The IFP strongly believes these programmes to be a non-negotiable essential for rehabilitation, especially when set against the background of the high levels of repeat offenders that we have in our country. We therefore ask the Minister to look very seriously at this aspect of her portfolio.
In accordance with the White Paper and the President's state of the nation address, the department has been tasked with the responsibility of making South Africa feel and be safe. In 2008 and 2009 there were 69 escapes, and to date there has been a number of further escapes. This is quite unacceptable and does not make our citizens feel safe wherever they are.
On the issue of tenders, and in particular the tender for the new generation prison in Kimberley, we would like to caution the department to look before they leap in the future. They should observe due diligence, so that we do not have a repeat of the fiasco where we have an increase in a project of some 260%, as we now have with the new generation prison in Kimberley. This is negligence of the highest order on the part of the department, and we trust that the Minister will ensure that a situation like this does not occur again, and if people are found to be guilty they should be fired or arrested.
The policy of releasing offenders should be known and understood by everybody, and the same criteria should apply to all inmates, not only to those who know the Minister.
Lastly, looking at your strategic plan, Minister, we note that you have set yourself very high and lofty goals. We in the IFP wish you every success in achieving these goals, for as you know, failure will come at a high price to the country, and is not an option for you and for all of us. Thank you.
END OF TAKE
Mr M N PHALISO
Mr V B NDLOVU
Mr M N PHALISO: Chairperson, hon Minister, hon Deputy Minister, all protocols observed. Prison overcrowding is one of the most challenging problems faced by criminal justice systems all over the world. Overcrowding is a problem because prisons are expensive to build and costly to run. No country can afford to build its way out of its overcrowding problem, not even the wealthiest countries.
Van Ness, 2008, believes that it is possible to find a rise in government spending on education in most countries. He further states that any country adding to its prison population will have to spend more money there, and more money on prisons would mean less money for other purposes.
If you look at our Correctional Services budget for the coming financial year, which is R15,1 billion, opposed to the R6,1 billion budgeted for basic education, as a country we need to have a relook at our priories and to do things differently. As President J Z Zuma stated in the 2010 state of the nation address, all South Africans must feel safe and be secure. This can be done successfully if all efforts are co-ordinated and all departments within the criminal justice system walk together in the fight against crime.
Overcrowding is not a new phenomenon in our country. It has existed for a number of years. Therefore, we reiterate the call for the urgent establishment of a transformed, integrated, modernised, adequately resourced and well-managed criminal justice system.
As announced in the state of the nation address 2009, overcrowding affects offenders negatively, as it gives rise to poor staff morale. Offenders must be kept busy with activities and programmes during the day and prisons must only be utilised for sleeping purposes. The disjuncture in the budget towards spending on infrastructure and security rather than on programmes focused on rehabilitation, as envisaged by the White Paper on Corrections, must be addressed.
Excessively lengthy incarceration and the use of pretrial are major causes of overcrowding in our facilities. Most awaiting-trialdetaineesare in custody as a result of delays in the justice system, missing files, absent witnesses and unaffordable bail amounts.
By October 2009, a total of 50 675 offenders were in custody awaiting trial. Section 35(3)(d) of the South African Constitution stipulates that every accused person has the right "to have their trial begin and conclude without unreasonable delay".
I also want to take this opportunity to commend the Minister of Correctional Services for taking the initiative and signing the bail protocol, together with the Minister of Justice and Constitutional Development and the Minister of Police.
However, the challenge is the implementation of this protocol, and the issue of offender tracing of the physical address. However, the Minister has given an assurance that the task team which has been established will also look at this matter and finding ways of addressing it.
Certainly, there is a small proportion of offenders whose crimes are so violent and whose behaviour is so uncontrollable, that prison is the only feasible option. I must indicate that everyone will benefit if selected low-risk offenders can pay their debt to society through community-based alternatives such as diversion, home confinement, community-based treatment, victim restitution, community service or probation.
Another issue which is very dear to my heart is that of children in prison. Section 28(l)(g) of the Constitution states that every child has the right "not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time".
Prisons were not built and designed for children. At the end of December 2009, a total of 1 341 children were behind bars in our country. Of those, 767 were sentenced for various crimes and two children under the age of l4 years were awaiting trial. They do not go to the beach in summer or receive gifts under Christmas trees. They see the sun from behind bars.
I trust that these two children have been released from our correctional facilities into the care of their parents or to secure care facilities under the Department of Social Development, whose facilities are underutilised. We hope that, with the implementation of the Child Justice Act, which will come into effect on l April 2010, we will see more children in these facilities rather than in prison.
As correctly stated by the Freedom Charter of the ruling party, the real Congress of the People in Kliptown, not the fake one:
All shall be equal before the law. Imprisonment shall be only for serious crimes against the people, and shall aim at re-education, not vengeance.
END OF TAKE
I thank you. [Applause.]
Mr P J GROENEWALD
Mr M N PHALISO
Mr P J GROENEWALD: Chairperson, I want to say to the hon Minister, being the former Minister of Home Affairs and now the Minister of Correctional Services, I have a new name for her. She is the "Minister of Troubled Departments". [Interjections.] I say that, because both departments, as we know, have numerous problems to be solved.
Afrikaans:
Dit is departemente wat teelaarde is vir korrupsie. Die agb Minister het nou ervaring van korrupsie in departemente. Die enigste manier om korrupsie behoorlik vas te vat, is om te verseker dat kwaliteit amptenare aangestel word. Sy moet gaan kyk na haar opleidingstandaarde en psigometriese toetse, en dan seker maak dat sy die beste van die beste amptenare kry.
Die Minister hét goeie amptenare in die department. Sy het hardwerkende, eerlike amptenare, maar dis daardie korrupte amptenare wat vir hulle 'n slegte naam gee. Die amptenare wat hard werk, wil graag daardie swak appels uit die kas hê, sodat hulle hul werk goed kan doen.
Die Minister se department speel 'n belangrike rol in die ketting van die strafregstelsel. Dit help nie u kollega, die Minister van Polisie, se manne en vroue vang die misdadigers en sit hulle in die tronke nie, en dan is daar misdadigers wat sê dat hulle op die regte plek is. Hulle voel dan hulle kan beter hulle misdadige bedrywighede voortsit en hulle kan beter geld maak, want hulle is in die tronk, word beskerm en die polisie kan hulle nie bykom nie. Ek dink dit behoort baie sterk aangespreek te word in die hele ketting van die strafregstelsel.
Die Minister het gesê dat die mediese paroolvoorwaardes hersien sal word, dat daar wetgewing sal kom en dat dit deur die Parlement sal moet gaan. Dit is ongelukkig u Achilleshiel. Die gevolg van Schabir Shaik sal nie verdwyn nie. [Tussenwerpsels.] Dit is ou nuus, maar dis warm nuus. Dis nuus wat ons almal raak. [Tussenwerpsels.] Agb lede moet leer om nie tussen 'n spreker en die Stoel verby te beweeg nie. Hulle moet leer wat die reëls sê. Die werklikheid van Schabir Shaik is dat dit 'n skandvlek op die Departement van Korrektiewe Dienste is. Ek weet die agb Minister het gesê dat, indien daar nuwe getuienis na vore kom, sy dan sal oorweeg om 'n hersiening te doen van sy mediese paroolvoorwaardes.
Ek wil vir die agb Minister sê: Daar is mos baie meer getuies wat na vore gekom het. Almal in Suid-Afrika weet mos dat Schabir Shaik nie terminaal siek is nie. Minister, as dit 'n werklikheid is, dan is daar 'n verantwoordelikheid op u skouers om vir Suid-Afrika te … [Tussenwerpsels.]
IsiXhosa:
Thula wena uyangxola!
HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, order, please!
Afrikaans:
Mnr P J GROENEWALD: Dis die taak van die Minister om toe te sien dat daardie skandvlek weggeneem word. Net die Minister kan dit doen. Suid-Afrika vra dat die Minister optree. [Tyd verstreke.]
END OF TAKE
The DEPUTY MINISTER OF CORRECTIONAL SERVICES
Mr P J GROENEWALD
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson, hon members, all protocol observed. I would like to thank our Minister for her guidance and support. An expression of appreciation goes to the chairperson and members of the portfolio committee for their continued support. Allow me also to express our warm gratitude to Ms Jenny Schreiner, the Acting National Commissioner, and to all the officials for teaching us the ropes, for patiently guiding us during our orientation and for helping us to deliver service to our people.
We rely on our dedicated officials to create a highly structured and conducive climate for sustainable rehabilitation. We will continue calling for discipline and a corrupt-free environment. Going forward, our visits to correctional centres will focus on monitoring and impact assessment.
When we took office last year, we made a commitment to take forward the mammoth task of transforming the South African correctional system from a militarised to a rehabilitation-centred hub. I am sure our honourable representative of the DA will be happy that we are in agreement that we have this huge responsibility. I hope at the end of this we will be in agreement that this budget will help all of us to work together in achieving that goal.
Every step taken has been guided by our department's strategic plan, as has been said. Our strategic plan is premised on placing rehabilitation at the centre of all departmental activities, in partnership with external shareholders.
Following our June 2009 Budget Vote debate, the Ministry implemented the new administration's decision that Deputy Ministers be allocated specific areas of responsibility. In our case the delegated areas are as follows, and I will try to limit my input to those. Some of the aspects have been raised by the Minister and I will just touch upon what I think is relevant. The three areas are: Firstly, the management of development and care, including programmes of rehabilitation and social integration - I must say that I am really grateful that all the members are concerned about the rehabilitation of our offenders; secondly, the establishment of the branch for remand detainees; and thirdly, the interface with the office of the Inspecting Judge of Prisons.
Today, we align ourselves with the words of the revolutionary leader Fidel Castro, who once said, "Tell no lies, claim no easy victories." Hence we present, with the determination of a warrior, the battles we have won, and are being truthful about the challenges and tasks ahead of us.
In line with our commitments of 2009, this year we will continue paying special attention to the most vulnerable groups within our correctional centres. We are referring specifically to female offenders, children, the youth, the elderly, people with physical disabilities and people with mental challenges.
Coming first to female offenders and children behind bars, the increasing number of women in our correctional centres is cause for concern. There are currently 3 651 women in our facilities. However, the challenge is that our correctional centres were designed for men, and as such are not appropriate for women's needs.
In tackling the challenge of female offenders, we have been guided by our Constitution and the commitments that we as a country have made internationally. Here I refer to relevant the section of our Constitution, but also I mention that we are a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women, or Cedaw, a wellknown convention advocating the rights of women. We also participated during the Beijing Conference, which clearly came out in support of equality for women and women's rights.
We have just returned from the United Nations where we took part in the 54th Session of the UN Commission on the Status of Women. Participants were reminded that women's rights are human rights. We were particularly inspired by the session on the best practice in dealing with women in corrections, engineered by Princess Bajrakitiyabha of Thailand. Her review of the 50-year-old United Nations standard minimum rules for the treatment of prisoners proposes a supplement that will address the unique needs of women and their children. This was discussed and endorsed by all the countries. I am happy to say that within our efforts, we are walking along those lines.
Said rules will be further discussed during the upcoming 12th UN Congress on the prevention of crime and treatment of offenders in Brazil, and one of our officials from South Africa is already a country representative there. A resolution is likely to come out of the congress on gender equality and the promotion of human rights within the criminal justice system.
In the process of honouring of our commitments, we came up with a project called "Imbeleko". "Imbeleko" denotes a blanket made of animal hide used by mothers to protect and bond with their children.
Sesotho:
Ka Sesotho "imbeleko" ke thari.
English:
The Imbeleko project has two pillars: The first pillar focuses on creating a humane, safe and friendly environment; and the second talks to what most members have spoken about, that children are not supposed to remain in correctional centres.
The next phase starting from April, after today, will focus on monitoring and evaluation of how the project is implemented by our officials, and also maintaining and expanding partnerships with other role-players.
The introduction of the Child Justice Act will provide major relief to the nation by providing better protection to children in conflict with the law. This Act entrenches the principle that prison should be a last resort and is on the whole inappropriate for children.
We will pursue co-operation with other women's organisations to support the plight of women and children in our centres. In this respect, I want to mention co-operation with the Constitution Hill-based Sizoya Sibuye Women's Heritage and Cultural Forum, which is a formation of former women political prisoners who were held at Number 4 in Johannesburg from 1976 onwards, amongst them wellknown names such as the late Fatima Meer, Joyce Seroke, Sally Motlana and Deborah Matshoba. Two days ago they held a memorial service for Fatima Meer, and they warned us as Correctional Services that they would co-operate with us but they would also ensure that women were treated with respect and dignity.
Coming to the question of young offenders, last year we highlighted the impact of the apartheid system on young people, and recent visits to centres such as Ekuseni, Hawequa in the Western Cape and Emthonjeni in Gauteng clearly have shown that many of our young people live with problems, ranging from lack of education to substance abuse-related problems and lack of parental guidance, which clearly points to the need for strengthening our rehabilitation and education programmes.
Let me share some numbers. Currently a large number of sentenced and unsentenced inmates fall between 18 and 25 years. As at the end of last year, there were 24 500 unsentenced young people and 32 500 sentenced young people in our facilities. This is extremely high for any country.
In view of the above-mentioned national challenges, we commit to focus on the development of young people in our care and I want to assure you that already the policy is in place as to what we will be doing. We will pay particular attention to the enhancement of educational levels of young people. The President has identified education as a top priority, and I am proud to mention that in KwaZulu-Natal we achieved a pass rate of 97% at the end of 2009.
In partnership with the Presidential National Commission, we have placed 242 young offenders and eight of our officials on an e-literacy programme, which a strategic intervention meant to empower young offenders. Also, as part of our poverty alleviation strategy, we have entered into a partnership with the Department of Education in terms of which we will recruit and remunerate 18 early childhood development practitioners and seven parolees.
The question of mental health has been mentioned. I must say that we are fully aware of the fact that our facilities are not designed for this and that we don't have the capacity to manage people with mental illnesses. As such we are in co-operation with the Department of Health to ensure that they assist with these responsibilities. We have tackled the responsibility by calling experts, and have started workshops on mental health with the aim of looking at what can be achieved.
During our last Budget Vote speech, we explained the offender rehabilitation path. I want to emphasise that we have not deviated from that, and we have done everything possible to initiate processes to honour our obligation. This rehabilitation path is a journey to be undertaken by each offender from the moment of admission to the time of release. We intend to improve the functioning of the case management committees as a starting point by enhancing case management administration processes.
On the question of rehabilitation, the correctional sentence plan will include all interventions aimed at the rehabilitation of our offenders. Admittedly, we are presenting our Vote fully aware of the challenges imposed by our current budget allocation. The White Paper on Corrections calls upon us to strike a balance between security and rehabilitation, and I fully agree with all the members who have raised this issue. It is our commitment to follow the guidance and to co-operate with all parties concerned.
An analysis of the budget allocation per programme over a period of seven years, from 2003-04 to 2010-11, shows that it is not aligned to the Department of Correctional Services' core mandate. Of the current budget of R15 billion plus, only R2 billion plus is for development and care.
Another challenge to our rehabilitation objective is overcrowding, but of course we have not sat back, because we cannot wait for relief in terms of overcrowding; otherwise people will come back not having been rehabilitated. We have also taken advantage of the 2010 Fifa World Cup by instilling specific values such as tolerance, co-operation and team spirit through football amongst our offenders.
Regarding offender labour, a lot has been said but we are committed to increasing, within our normal working hours, the amount of work, and we are also hoping that later on in the year we will have more people being skilled appropriately.
In terms of community outreach, we are committed, as we said during our Budget Vote, that victims should remain at the centre of the criminal justice system. We have also highlighted the importance of the Victims' Charter. We had an opportunity to witness victim-offender mediation in Middledrift in the Eastern Cape.
As part of our contribution to crime prevention, we partnered also with the Sexual Offences and Community Affairs Unit of the National Prosecuting Authority to reach out to women in rural areas, so as to ensure that they don't commit crime but learn other lessons before they are incarcerated at our centres.
We have also worked closely in co-operation with the Inspecting Judge. This is a very important component of our work. The department continued along its path directed at promoting and giving effect to the constitutional values of transparency, equality and fairness.
In my capacity as Deputy Minister, I remain in regular contact with the Inspecting Judge. Judge van Zyl informed me of his priorities for the 2010 financial year. I will not mention all of them, but of importance is to mention that he is committed to co-operating with the task team in ensuring that his mandate is achieved. Based on the reports of the Inspecting Judge, within the current financial year …
HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Deputy Minister, unfortunately, your time has expired.
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: In conclusion, I just want to acknowledge and thank the members of the Justice, Crime Prevention and Security cluster. We are committed to improving our co-operation with them, and to doing all this with the ultimate objective of ensuring that everyone in South Africa feels and is safe. Thank you. [Applause.]
END OF TAKE
Ms W NGWENYA
The DEPUTY MINISTER OF CORRECTIONAL SERVICES
IsiZulu:
NK W NGWENYA: Somlomo, uhlelo lweparoli nokubuyiselwa kwalabo abagcinwe ezikhungweni zokulungiswa kwezimilo emphakathini, lokhu kuyinto ebaluleke kakhulu ohlelweni lokulungiswa kwezimilo, hhayi kuphela kuleli laseNingizimu Afrika kepha emhlabeni wonke jikelele.
Njengoba nje iparoli iyiyona ndlela kuphela yokukhulula kwamabanjwa kuleli, sekube khona ushintsho olukhulu kusukela ngesikhathi uma luqalwa. Lolu hlelo lungolubaluke kakhulu ekuqinisekiseni ukubiyiselwa kwamabanjwa emphakathini. Inhloso enkulu yohlelo lokulungiswa kwezimilo ukubuyiselwa ngempumelelo kwamabanjwa emphakathini. Ukungabuyiselwa ngempumelelo kwamabanjwa emphakathini sokudalele uMnyango wokuhlumelelisa kwezimilo izinkinga eziningi, ngakho ke kumele kuqinisekiswe ukuthi labo abakhululwa ngeparoli bangabantu ngampela abakufanele lokho.
English:
The ANC January 8 Statement and the state of the nation address indicated strongly that we must ensure that every South African is safe and feels safe. The Department of Correctional Services must ensure that the safety of our people is not compromised by releasing inmates who are ill prepared for release.
Chairperson, in the same breath, let me commend the Minister of Correctional Services for saying in Budget Vote speech last year, and I quote:
Offenders who commit further crime whilst in custody must not expect any sympathy from our parole system.
As we approve this budget as the ANC, the Department of Correctional Services must state today, without any fear of contradiction, that we expect value for money, and we are not apologetic about it.
IsiZulu:
Ngiyathemba niyangizwa njalo. [Ubuwelewele.]
English:
The social reintegration programme has been allocated an amount of R574 million for this coming financial year, which means an amount of R100 million was added to this allocation, compared to the 2009‑10 financial year. It is noted that this programme accounts for only 3,8% of the department's budget and we further note that
96,6% of this allocation goes to the compensation of employees. I hope the department will work faster, harder and smarter to achieve the objectives of government with this budget.
IsiZulu:
Njengoba uMongameli uZuma eshilo.
English:
I am confident and believe that the leadership of the Department of Correctional Services is equal to task.
I must state that the credibility of parole boards, parole in general and medical parole in particular have been questioned from all corners. Between 2008 and 2009, only 65 offenders were released on medical parole from correctional facilities. In the recent past, the issue of medical parole has been subjected to heated debate among academics, civil society, groups, Members of Parliament …
IsiZulu:
… Ngisho nina qobo Malunga ePhalamende.
English:
… and the public in general. I must commend the Minister of Correctional Services for her courage and outstanding leadership in handling this issue over the past year. The Minister requested the Correctional Supervision and Parole Review Board, through its chairperson, Judge Desai, to review the application of section 79 and to make proposals to the Minister with regard to medical parole in a much broader sense. I have noted that the first draft of this review was presented to the Minister and the other important stakeholders - even the portfolio committee was present - during a summit in Pretoria early this year. We will wait with patience for the final document of this review …
IsiZulu:
… ngoba izawusiza phela nalaba abagula kakhulu abalaphaya ngaphakathi ejele.
English:
We hope that some of the concerns raised by the stakeholders, especially with regard to the application of section 79, will be taken into account in this review.
IsiZulu:
Angizukuzibala lezi abazishilo ngenxa yesikhathi enginikezwe sona.
English:
According to Prof J J Neser, preparation for an offender's release should start on the day a prisoner is admitted to prison and should be completed during the last 12 months before the prisoner's release. In its effort to prepare offenders whilst in custody, the department has developed a correctional sentence plan for offenders serving sentences of more than 24 months. Let me take this opportunity today and say to the department that the target for offenders who will have such a sentence plan in any given period is too low. More needs to be done in this respect.
Since 2004, 52 Correctional Supervision and Parole Boards have been established in South Africa. Provisions for regulating the establishment and operation of these boards are contained in sections 74 and 75 of the Correctional Services Act, Act 111 of 1998. These sections regulate the establishment, function, powers and duties of the Correctional Supervision and Parole Boards.
Section 74 of the Correctional Services Act provides powers to the Minister to establish Correctional Supervision and Parole Boards. In terms of this section, the Minister may firstly name each board, then specify the location of each board, and determine and amend the area of control of each board.
The Minister is also given powers to appoint one or more Correctional Services officials. A parole board consists of a chairperson, vice-chairperson, two members of the community and one official of the department appointed by the Commissioner. At present, there are 33 parole board chairpersons and 48
vice-chairpersons, which means that there are 17 vacancies for chairpersons and four for vice-chairpersons. I hope that the department will manage to appoint all chairpersons and vice-chairpersons during the next term of the parole boards, which is coming soon.
In 2008-09 only 57 761 offenders were released on parole by the Department of Correctional Services. Of course, there are a number of challenges facing Correctional Supervision and Parole Boards in South Africa. These include case backlogs, resources, vacant positions, nonavailability of sentence plans and offenders' risk profiles, and victim involvement.
There should be a strong and clear message that it cannot be business as usual when the majority of victims, because of circumstances beyond their control, are not afforded the opportunity to make presentations during the consideration of parole applications by offenders. As a country, we need to move away from treating victims merely as state witnesses or as a source of information. More needs to be done to ensure that victims' rights to make presentations during parole hearings are exercised.
Minister Chabane, in his address on performance outcomes and measurable outputs, mentioned that managing crime perception is one of the key outputs in ensuring that South Africans are safe and feel safe. Therefore it is obvious that the way victims of crime are treated in the criminal justice system will have an impact on how they perceive crime and crime control in South Africa. Victims of crime should also feel that they are important people in the administration of justice in South Africa.
The Victims' Charter is an important document which ensures that victims remain central to the criminal justice process in South Africa. I would request the department and the parole boards to consult this important document when they make decisions.
In conclusion, we commend the role played by the stakeholders, through the services offered by them, to facilitate the process of the reintegration of offenders. We would also like to appeal for increased support of structures such as the Concerned Citizens Forums and community involvement through which, indeed, together we can do more.
The ANC supports the Vote. [Time expired.] [Applause.]
END OF TAKE
Mr A T FRITZ
Ms W NGWENYA
Mr A T FRITZ: Madam Chairperson, I extend warm greetings to the special guests who are present in the House today, and a special word of welcome to the NGOs, community members, members of the judiciary, religious workers, criminal justice stakeholders and all members of the Department of Correctional Services.
The valuable contributions made by these people in presenting rehabilitation programmes to inmates or conducting research, or through their involvement in parole boards or those of them working as independent visitors, remain an important component in the recipe for successful social reintegration and rehabilitation of all inmates. To all of them: A very big thank you.
I also wish to acknowledge our chairperson, hon Vincent Smith, and our committee members from all parties for the robust and valuable contributions during our meetings and the spirit in which we conduct our meetings. I want to say thanks to them.
To the Minister and Deputy Minister, I thank you for your passion around women and children, and I know that you are going to carry that out. Children and women constitute one of the kinds of vacuums in our department that we really need to focus on, and with the Child Justice Act that is going to happen.
I am reminded today of my responsibility as a Member of Parliament to consider the issues on the table, bearing in mind the interests of all people in this country. I mention this because I strongly believe that, as we are called on today to approve the budget of the Department of Correctional Services, we must not look at the needs of the department or prisoners only, but we also have to consider the needs of all people, including the many victims of crime. I say this against the background that we are now spending an amount of R41 million per day on the running of our correctional centres, and by next year we shall be spending more than R50 million per day.
We therefore have to ask the question: Is it fair to spend this amount of money on the prisons while so many competing needs exist in our society? There is the need for better quality schooling, the need for improved health care and the need for decent housing, to mention but a few.
This argument is made worse by the many unanswered questions posed by the eighth qualified audit the department has received. It is made worse by the reports of the Special Investigating Unit which were handed to the Minister last year, and which highlighted the deep-rooted corruption that existed at the highest level. It is made worse by the report submitted by the Inspecting Judge and other stakeholders of security equipment, valued at millions of rands, installed at 66 prisons but which is now standing in total disuse. It is made worse by serious allegations of irregularities in the awarding of catering contracts after privatising kitchens at certain correctional centres.
Yet as Members of Parliament, representing the people of the country, we are asked year after year to approve the budget of the department, placing R15 billion of taxpayers' money at the disposal of this embattled department.
Yes, the Department of Correctional Services has very many committed, honest and hardworking members in its employ. Yes, they have many managers who operate with total integrity and loyalty. However, ladies and gentlemen, the evidence of poor management and corruption has become so overwhelming that we simply can no longer look away. If we do so, we will be failing our people.
With a budget of R41 million per day, why are we receiving reports from heads of correctional centres about critical levels of understaffing, of budget cuts to the extent that critical programmes to inmates, such as sexual abuse programmes, can no longer be offered because social workers have been fired? There are reports of members of staff who are endangered daily and who battle to survive on their small salaries. So, where is all this money going?
We are told that the need for money is driven by overcrowding. This cannot be true, as the number of inmates over the past five years has remained the same. You have a new task team, which I hope is not going to cost us a lot of money, because we know the answers within our department. We know the protocols; we can implement the protocols. That is what we need to do.
We are also told that extra money is needed to finance the White Paper on Corrections approved in 2005. The White Paper correctly calls for a departure from a Department of Correctional Services aimed at warehousing people to a Department of Correctional Services aimed at rehabilitation and reintegration of offenders. We support this, Madam Minister.
However, five years after the decision was taken by Parliament to invest in the rehabilitation of inmates, the department still spends less than 4% of its budget on the areas of development and social reintegration.
What happened to the White Paper? It has become a white elephant, unfortunately, Madam Chair. [Laughter.] Instead, we still continue to see an annual expansion in the number of top management and the amount paid on salaries. That is why the amount of money we spend on salaries has gone up from 60% of the total budget in 2006 to almost 70% this year. Year after year we read in the department's annual reports of money being wasted on contracts that add very little value, such as television sets, that were previously paid for by inmates themselves.
Millions of rands are paid to members of staff who remain on suspension for extraordinary long periods of time with full salary.
This can't be right. A good example is the former chief financial officer of Correctional Services who remains on suspension for the past two years on full pay. Why these matters are never resolved God only knows.
I want to add one point before I conclude. I wish to thank those members of staff who, despite the difficult times, remain committed to their task as correctional officials. I wish to thank those managers who perform their task with commitment, loyalty and honesty. I wish to thank all the role-players and stakeholders for their inputs during our public debates during the year.
I thank our three researchers, Swedish, US and British, for the research they did for me. Thank you very much for that. [Laughter.] [Interjections.] To the Minister and the Deputy Minister, I want to say … [Interjections.]
The DEPUTY SPEAKER: Hon members! Hon members, order, please!
Mr A T FRITZ: I want to say they should work even harder to get this department back into shape. [Interjections.] To the members from the peanut gallery, I say: We have a Coon Carnival every year at the end of the year - they must think of forming a team and entering the team in the carnival. Thank you very much. [Applause.]
END OF TAKE
Mr Z L MADASA
Mr A T FRITZ
Mr Z L MADASA: Chairperson, the advantage of being the last speaker is that I can answer my colleagues from the opposition and they have no right to answer or reply. [Interjections.]
I am very grateful to the ANC for the opportunity to participate in this Budget Vote debate, when members who are more experienced in this area of work could have been chosen. This debate takes place against the backdrop of a new political leadership at the helm of the department. Therefore issues raised as matters of concern are not - I repeat, are not - a reflection yet of dereliction of duty by the Minister or her deputy, but are directed mainly at the leadership or the administration at head office and regional levels.
We are impressed that the Minister and her deputy have so quickly grasped the issues that are pertinent in this department, and have indicated their desire and commitment to change them. The question to the administration is: If things are so good, why are they so bad?
My contribution will focus on security issues in the department. I believe that we need to approach security from the broad meaning of the word, that is: The security of centres in relation to access by the public and the easiness to escape; the safety of the public when dangerous prisoners have escaped; the safety of the public when dangerous prisoners have been released back into society without being properly rehabilitated, as required by policy; the safety of the public from prisoners who have been improperly released, that is, prematurely released in society because of corruption in the system of parole; the safety of inmates from injury or assault by warders or fellow inmates on each other; and lastly and importantly, an issue that we sometimes omit, the security of the state when this core business of safety and custody of dangerous inmates is delegated to private firms instead of residing with the state.
From the ANC perspective the issue of safety goes far beyond the matter of the state's duty to protect its citizens and their property from criminals, as important as this is. The ANC believes that there is nexus between peace, security and development, while not exonerating individuals from personal responsibility.
The ANC has long been saying, in domestic and international fora, that no proper development can take place in an atmosphere of violence and criminality. This is a matter that President Zuma yesterday emphasised in Uganda when he further committed South Africa to the resolution of conflicts on the continent. Therefore, for the ANC peace and security is a sine qua non for proper development.
It is in this context that the ANC advocates for a system of correcting behaviour where possible, instead of a purely retributive system of justice.
The ANC also links fighting crime to the fight of want, to go to the Minister of Police. We recognise that, although not in all cases, the immense socioeconomic problems that have resulted in poverty and the crisis of unemployment are the root causes of crime. Therefore we have to deal holistically with the issue of crime by attending to the mater of a better life for all.
We in the ANC also believe that the issue of correction and social integration of prisoners into society is a matter for the whole administration of justice in our country, and not just this department. Therefore, policy and planning within the cluster of peace and security must be effective. Without seamless co-operation in the peace and security cluster, that is, the Departments of Police, Justice and Correctional Services, the parole system, for example, cannot work properly. We need these sister departments to play their part in ensuring that, for example, judges write sentences and judgments properly, in a way that will enable sentence planning within the Department of Correctional Services. Department of Police, for example, has a role to play in the parole board. They need to send their senior people who can then take reports back to the Department of Police and inform them about what is happening with paroles.
Also important is that we must analyse the budget from the lens of the ruling party's priorities, as articulated by the President from time to time, namely crime, education, poverty, health and corruption, and see if this department has properly attended to these concerns and promises. These five priorities must be read together and not separately, so that each department is required to address all of them, quickly, urgently and effectively.
The Department of Correctional Services, if properly managed, has opportunities within the current budget to contribute to the government's better performance in all these five priorities.
Turning to the budget itself, there has been a common chorus of concern, from the committee across parties to civil society organisations, that the budget allocation of the department is in contradiction with the policy as reflected in the White Paper. The Minister has acknowledged this matter today. Therefore there is common cause on this issue.
The irony is that, even if hypothetically we were to endorse this skewed allocation of budget to security, available facts demonstrate that there is in fact a lack of sufficient security at our centres. Gangsterism and sodomising of inmates are still rife; escapes are still happening in dramatic fashion when they do; reports of dysfunctional security gadgets at centres are still rife; assaults of inmates on inmates and of inmates by warders are still rife; and incidents of unnatural deaths and questionable natural deaths are still unacceptably high.
We therefore call on the department to ensure that urgent, measurable, quick and timebound measures, in line with the President's call, are implemented. We believe that sufficient budget has been allocated in this regard to security, if security is understood in its broad sense.
The Office of the Inspecting Judge is crucial in this regard to prevent the abuse of human rights.
Furthermore, we call on the department to ensure that classification of dangerous inmates is done accurately and that such persons are securely looked after by the state, not private firms, as I indicated earlier.
The system must ensure that no undeserving parolees are released. Escapes must be kept to zero in the light of the budget that is skewed towards security. Quick, effective and strict disciplinary measures must be taken against corrupt officials in the department.
We believe that if a strategy of self-sufficiency is devised and adhered to by the department, as so many have indicated, poverty of neighbouring communities could be reduced. Also, in collaboration with sister departments, the approximately 50 000 youths that are in our centres can be given, as the Minister has said, some form of education as a behavioural corrective measure.
I want to turn to an issue that was raised by the opposition, but before I come to that, there is the issue of the unions. The unions have made a submission during our hearings, a disappointing submission, I must say. When we raised the issue with them as to their responsibility to partner with the administration for good governance, they indicated that it was not their role to manage; managers must manage. I want to submit to them that this is actually a dereliction of the old political tradition of the unions, that they are not only involved in bargaining issues but in political issues as well. Making the government governable is part of that political responsibility, more so when they are a partner to the ruling party.
Coming to the issue raised by the DA and other opposition parties, I want to say that it is the aim of the ANC, as reflected in its constitution, to unite South Africans towards a national democratic society. In this regard it is important that we mobilise all South Africans towards the vision of a national democratic society.
I want members in this House to be aware that we have made great strides in this regard. This is one committee, apart from defence, that I have experience of, which has shown consensus and a sameness of approach towards this national security issue of crime. Therefore I want to say to the members on the opposite side, our colleagues, that we appreciate the role that they are playing, even if we differ ideologically. I've listened to them carefully and we have same approach. This is very rare. I think sometimes we don't appreciate areas of consensus in the system of Parliament. We are always fighting, but the truth of the matter is that in this area of corrections, even ideologically, we seem to be in the same direction, on the same wave length. We commend that and we need to build on that.
Of course, we will differ in strategies, emphasis and tone, as you have heard. While we on this side are constructively critical, we have an additional responsibility of governing. That is where the difference lies, without condemning the other side, to make sure that they do not replace us. Our responsibility is to make sure that we have proper governance.
I want to say today that I am a little disappointed. I know we engaged on this issue of approving the budget in the committee. We were more or less in agreement, but of course, again, there are issues of strategy. We agree the leadership is new, enthusiastic, committed and they want to change things. If we don't give this new leadership this money, we would be like people who are chasing with the dogs and running with the hares. On the one hand we say these things are wrong, but on the other hand we deprive the leadership of the budget. I think, in a last-ditch attempt, maybe the DA should rethink and approve the budget. Let's together evaluate these people and see if they are going to do what we want them to do. Let us give them a chance. I think we should do that. [Applause.]
I include the FF Plus – they are not here - and the IFP when I talk about the opposition seeming to be in the same direction. But with those two, I must say, the difficulty we have with them is that, yes, they are speaking but we have never seen them in the committee. [Interjections.] They have a constitutional right to express themselves, whether they attend or not attend committee meetings. But the problem with that is that we don't know where they derive their facts from. [Interjections.] The things we debate, we get them from the department and briefings to the committee. We analyse and evaluate them. Then they come during debates and go on and on, and we don't know where they get their information. Do they have people in the department who are working for them? [Interjections.] That is dangerous. We urge you, within your time constraints and the limitation of numbers, to attend so that you can make informed criticism.
Having said all these things, I leave the rest of the time to the Minister. I thank you. [Applause.]
HOUSE CHAIRPERSON (Mr K O Bapela): Hon Minister of Correctional Services, I understand you have nine minutes which were saved by the ANC. So you will have the nine minutes as well.
END OF TAKE
The MINISTER OF CORRECTIONAL SERVICES
Mr Z L MADASA
The MINISTER OF CORRECTIONAL SERVICES: Chairperson, hon members, I would like to thank all hon members who participated in this debate. For me, the most encouraging thing is the fact that we seem to have a common vision, a common approach. We all seem to have the same ideas on how to proceed in dealing with some of the challenges we have in the Department of Correctional Services.
What I don't understand, however, is the hypocrisy. After listening to what I have to say, my having outlined what it is that we want to do to turn around the Department of Correctional Services, and having agreed with me as well, you then turn around and say you will not support the budget. The point is, hon James Selfe, that in order for us to achieve all the things we have been debating here now, in order for us to turn around the Department of Correctional Services, we require funding.
Do not tell me about what has happened in the past, and the fact that we add up to a deficit. The point is we have to look at how we correct that which has happened, and put corrective measures in place to deal with some of the challenges which you have just so eloquently articulated. [Interjections.]
Now, it is after lunch, almost five o'clock, so hon Ellis, silence at the back. [Laughter.]
Mr M J ELLIS: Chairperson …
HOUSE CHAIRPERSON (Mr K O Bapela): Hon Ellis, is it a point of order, or what?
Mr M J ELLIS: I think it must be a point of order, Mr Chairman. I really would like to point out to the hon Minister that I have not said a word while she has been speaking. [Laughter.] I am sitting here very quietly indeed, and I think she is accusing me of all kinds of things which I am totally innocent of, Sir. [Laughter.]
HOUSE CHAIRPERSON (Mr K O Bapela): Hon Minister, the member is pleading that he has not said anything.
The MINISTER OF CORRECTIONAL SERVICES: I heard him grumbling, so I thought, because it is this time of day … If you did not, it is fine. It is okay.
Mr M J ELLIS: Mr Chairman, maybe we could persuade the Minister to stop speaking now, so that we can go and do what she is trying to accuse me of wanting to do. [Laughter.]
HOUSE CHAIRPERSON (Mr K O Bapela): Hon Ellis, let's us not allow the Minister to say anything beyond the debate. Minister, go back to the debate.
The MINISTER OF CORRECTIONAL SERVICES: Thank you, you are actually invited to dinner at the Rhodes Hotel tonight at seven.
I want to acknowledge the women from Langa who are seated in the gallery. Members may not know this, but I was actually born in Langa! [Interjections.]
The MINISTER OF CORRECTIONAL SERVICES: I thank all members for their participation in the debate. [Applause.]
Debate concluded.
The Committee rose at 16:16.
END OF TAKE
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